Results 5,221-5,240 of 14,388 for speaker:Clare Daly

Select Committee on Justice and Equality: Mediation Bill 2017: Committee Stage (28 Jun 2017)

Clare Daly: This is a must-have amendment for us. The bedrock of mediation is trust. That is going to be undermined if confidentiality cannot be guaranteed. Parties may not be willing to speak openly if there is a risk that some of the material could be used later in potential litigation. The whole purpose of mediation is to resolve disputes through an open forum. The Mediators' Institute of...

Select Committee on Justice and Equality: Mediation Bill 2017: Committee Stage (28 Jun 2017)

Clare Daly: It is beneath response, to be honest.

Select Committee on Justice and Equality: Mediation Bill 2017: Committee Stage (28 Jun 2017)

Clare Daly: This is a large grouping of amendments, so I will deal with amendments Nos. 13 and 14 first-----

Select Committee on Justice and Equality: Mediation Bill 2017: Committee Stage (28 Jun 2017)

Clare Daly: -----and then deal with the others. As it is a large grouping, I ask the Chairman to give me-----

Select Committee on Justice and Equality: Mediation Bill 2017: Committee Stage (28 Jun 2017)

Clare Daly: There is a large bunch of amendments in the grouping so I will seek to micromanage them, but they all deal with the mediators' code of practice. As Deputy O'Callaghan said, my amendment No. 14 is a slightly different version of Deputy Wallace's amendment No. 12. At present, section 8 holds that "the mediator shall, prior to the commencement of the mediation ... furnish to the parties a copy...

Select Committee on Justice and Equality: Mediation Bill 2017: Committee Stage (28 Jun 2017)

Clare Daly: I believe this is very important. What we are trying to do with this Bill is facilitate a major transfer away from the court process of dispute resolution. It could potentially be a really important thing for citizens, but it has to be done right. Done right it would be brilliant, but done wrong it could cause a huge amount of damage. The Bill is full of aspirations about a code of...

Select Committee on Justice and Equality: Mediation Bill 2017: Committee Stage (28 Jun 2017)

Clare Daly: I am only saying it in the hope that they are listening. With regard to our amendments Nos. 13 and 14, we are talking about certain minimum standards. The Minister said that there would be different codes of practice and all that. That may absolutely be the case. However, what we are saying is that for somebody to have the label of mediator, they must require certain minimum standards....

Select Committee on Justice and Equality: Mediation Bill 2017: Committee Stage (28 Jun 2017)

Clare Daly: I have a very brief point in response to the Minister's point that section 8 requires the mediator at the start of the process to furnish the party with a list of his or her qualifications and training. The point is that, in the absence of a standardised code of practice, how do I know whether somebody with a diploma from the advanced royal mediation institute is highly trained or bought the...

Select Committee on Justice and Equality: Mediation Bill 2017: Committee Stage (28 Jun 2017)

Clare Daly: We do not want to be obstructive. Can we get agreement on what we are trying to do? I feel strongly about the points we are making. Perhaps to be magnanimous, we will return to this. I feel strongly about the notion of one code of practice, which is key, but if the Minister will examine this, we will deal with it on Report Stage.

Select Committee on Justice and Equality: Mediation Bill 2017: Committee Stage (28 Jun 2017)

Clare Daly: I move amendment No. 13:In page 10, line 14, to delete "any" and substitute "the".

Select Committee on Justice and Equality: Mediation Bill 2017: Committee Stage (28 Jun 2017)

Clare Daly: I move amendment No. 14:In page 10, line 15, after "concerned" to insert the following:";which code of practice shall incorporate in full the terms of the code of practice prepared and published under section 9".

Select Committee on Justice and Equality: Mediation Bill 2017: Committee Stage (28 Jun 2017)

Clare Daly: I move amendment No. 15:In page 10, line 33, to delete "may" and substitute "shall".

Select Committee on Justice and Equality: Mediation Bill 2017: Committee Stage (28 Jun 2017)

Clare Daly: I move amendment No. 20:In page 11, line 1, to delete "may include" and substitute "shall include but is not limited to".

Select Committee on Justice and Equality: Mediation Bill 2017: Committee Stage (28 Jun 2017)

Clare Daly: I move amendment No. 22:In page 11, line 2, to delete "any of".

Select Committee on Justice and Equality: Mediation Bill 2017: Committee Stage (28 Jun 2017)

Clare Daly: I move amendment No. 23:In page 11, between lines 2 and 3, to insert the following:"(a) education and training requirements for mediators;".

Select Committee on Justice and Equality: Mediation Bill 2017: Committee Stage (28 Jun 2017)

Clare Daly: I move amendment No. 25:In page 11, to delete line 4.

Select Committee on Justice and Equality: Mediation Bill 2017: Committee Stage (28 Jun 2017)

Clare Daly: I move amendment No. 28: In page 12, lines 8 and 9, to delete "communications by the mediator with the parties" and substitute the following: "communications, whether oral or written, between the mediator and the parties and the non-parties attending the mediation under section 6(4)(b)". The Minister and I are probably trying to do the same thing. His amendment is probably better than mine....

Select Committee on Justice and Equality: Mediation Bill 2017: Committee Stage (28 Jun 2017)

Clare Daly: I am open to that but I am not clear on whether non-parties are protected. I accept fully that the Minister's amendment will cover oral communications, which is one element of what I was trying to address.

Select Committee on Justice and Equality: Mediation Bill 2017: Committee Stage (28 Jun 2017)

Clare Daly: The legislation provides for somebody to partake in the process in a support role. It could be a legal person, trade union representative or community representative. He or she is not a party to the mediation but is present in a support or observer role. Are these people covered by the confidentiality provisions? They are non-parties.

Select Committee on Justice and Equality: Mediation Bill 2017: Committee Stage (28 Jun 2017)

Clare Daly: I will accept the Minister's amendment but I am a little unsure on the non-party issue. It is a peculiar scenario, which will not arise frequently-----